The main legal point established is that full penetration is not necessary for the commission of rape, and the victim's testimony, supported by forensic evidence, can be sufficient to prove the guilt beyond reasonable doubt.

Normally, a child wakes up early in the morning every day, remains cheerful all along the day, inspires his/her parents and appears having God particle hidden into his/her heart. It is common used phrase that “child is the father of man. Children are the future of the society. It is our sacred duty to guide them properly, settle examples of principles for them, provide them protection, proper care, education, love, adoration and what not. But what happened with a little unlucky girl: she was called by the accused (to which the victim used to call Sonu-Bhaiya) inside his room pretending her to watch T.V. and then betrayed her. The accused snatched away the fairy dreams of the little girl. A girl of mature age could have protested, but the innocent victim was not able to do so. The statements of the PW-1 and PW-3 (parents of the victim) depict the aftermath of commission of rape, what happened with the victim. After committing rape, the accused laid the little girl in a cot at the verandah outside his room; for at that time, the girl became unconscious after the incident; when the accused laid the victim in unconscious state in a cot, flies were flying over her mouth while she was sleeping; she was sweating also; on next day also she was not in common state; she was in grimy state but she refused to take bath; on removing her clothes by her mother, her clothes were found bloodstained, which were also sent for laboratory examination and thereafter girl told about the incident.

2. This is a case where this Court is examining the correctness of the testimony of a rape victim (who at the time of incident was about 6 years old and at the time of tendering evidence before the trial Court, was 8 years old) in the light of medical report, which does not support the version of the victim.

3. Heard learned counsel for the parties and perused the Lower Court Record.

4. The facts, leading to the appeal, are that on 22.05.1999 (PW-1) Ishwar Lal, father of Km. Jyoti (victim) lodged a written report (Ext.A-1) with the Superintendent of Police, Dehradun alleging that on 19.05.1999 at 4:00 p.m. he was preparing edible, as he used to sell grams. The accused Sonu took his daughter Km. Jyoti, aged 5 years in his room pretexting her to see television. Thereafter, after committing rape on her daughter, at 6:00 p.m. the accused laid her daughter in a cot outside the room. When his daughter remained lying in unconscious state then, on next day, he noticed that there was bleeding from her vulva, as her clothes were bloodstained. On being inquired, his daughter disclosed that the house owner Sonu committed rape on her. On the basis of written report, a case crime No. 329 of 1999 was registered and a F.I.R. (Ext. A-3) was lodged against the accused Sonu under Section 376, I.P.C. and an entry was made in the General Diary (Ext. A-4). Investigation of the case was entrusted to Sub Inspector A.P. Gautam (PW-6) who during investigation, recorded statements of the witnesses and after making spot inspection, prepared site plan (Ext. A-8). Earlier on 22.05.1999 at 1:00 p.m., Dr. Smt. Asha Gupta-Medical Officer, Women Hospital, Dehradun conducted medical examination of Km. Jyoti and prepared medical examination report Ext.A-6. Thereafter, on 26.05.1999 at 12:30 p.m., on protest and under the orders of CMS, Doon Hospital, a team comprising PW-5 Dr. Gopi Baunthiyal, Medical Officer and one Dr. Pathania, Female Hospital, Dehradun again conducted medical examination of Km. Jyoti. In the medical examination (Ext. A-5), Doctor Gopi Baunthiyal found that at the time of medical examination, the girl was having 3.4.5 height; weight 15 Kg., teeth 5+5/5+5; the girl was fully conscious; well oriented; no marks of external injury was present; axillary and pubic hair were absent and breast was not developed. On being examined internally, the doctor did not find any mark of injury on her private part; hymen was intact and vagina did not admit tip of little finger. Vagi